Case Budgeting - Overview

Case Budgeting - Overview

This Info Applies toThese Roles

Attorney

Expert/Other Service Provider

Processor

Reviewer

Approver

Excess Approver

For non-capital representations, courts are encouraged to use
case-budgeting techniques in representations that appear likely to
become or have become extraordinary in terms of potential costs
(ordinarily, this would be a representation in which attorney hours are
expected to exceed 300 hours or total expenditures are expected to
exceed $30,000 for appointed counsel and services other than counsel
for an individual Criminal Justice Act (CJA) defendant). If a court
determines that case budgeting is appropriate, counsel should submit a
proposed initial litigation budget for court approval. The initial
litigation budget includes the proposed costs of attorney work and the
use of investigative, expert, and other services. [Guide, Vol. 7, § 230.26.10]

Courts are encouraged to require the submission of a case budget in
all federal capital and capital habeas corpus representations. [Guide, Vol. 7, § 640]

Case budgets should be submitted ex parte
and filed and maintained under seal. The budget should be incorporated
into a sealed initial pretrial order that reflects the understandings
of the court and counsel regarding all matters affecting attorney
compensation and reimbursement and payments for investigative, expert,
and other services. An approved budget should act as a guide for the
attorney's use of time and resources.

The initial litigation budget is subject to modification in light of
facts and developments that emerge as the case proceeds. For instance,
budgets should be updated if the prosecution seeks death penalty
authorization. Budgets may be submitted for the entire case, or the
court may determine that defense counsel should submit budgets for
shorter intervals of time, such as stages of a representation (e.g., in
a federal capital case, through the Department of Justice determination
of whether to seek the death penalty).

Recognizing that investigative, expert, and other services may be
required before there is an opportunity for counsel to prepare a case
budget or for the court to approve it, courts should act upon requests
for services where prompt authorization is necessary for adequate
representation. Courts, in examining the case budget, may adjust
compensation budgeted for services, unless the work has already been
authorized and completed.
[Guide, Vol. 7, § 230.26.30
and
Guide, Vol. 7, § 640.40]

Case Budgeting - Overview

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